1978 : Mah. VIII]

GOVERNMENT  OF  MAHARASHTRA

LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA ACT  No.  VIII OF  1978.

THE  LEADERS  OF  OPPOSITION  IN  MAHARASHTRA
LEGISLATURE  SALARIES  AND  ALLOWANCES
ACT,  1978.

( As modified upto the  1st September 2012 )



PRINTED  IN INDIA  BY  THE MANAGER, GOVERNMENT CENTRAL PRESS, MUMBAI  AND PUBLISHED  BY  THE DIRECTOR,
GOVERNMENT  PRINTING, STATIONERY,  MAHARASHTRA  STATE,  MUMBAI 400  004

2012

[  Price  :  Rs.10.00]

1978 : Mah. VIII]

(i)

THE LEADERS OF OPPOSITION IN MAHARASHTRA LEGISLATURE
SALARIES AND ALLOWANCES ACT, 1978

----------------------
CONTENTS

PREAMBLE.

SECTIONS.

1. Short  title  and  commencement.

2. Definition.

3. Salary of Leaders of Opposition.

3A. Sitting allowance to  Leaders of Opposition.

4. Residence of  Leaders of  Opposition.

5. Conveyances for Leaders of Opposition.

6. Travelling and daily allowances and residential accommodation at places other

than headquarters.

7. Free  transit  by railway  and  steamer.

8. Medical attendance.

9. Telephone facilities.

10. Secretarial facilities.

10A. Facility of a  personal assistant.

11. Leaders  of  Opposition  not  to  draw  salary  and  allowances,  etc.  as  members  of

State Lagislature.

12. Leaders of Opposition not disqualified.

13. Power  of  State  Government  to  make  rules  and  orders.

14. Amendment  of  Bom.  XLIX  of  1956.

(G.C.P.)H  1046  (2,542—9-2012)

1978 : Mah. VIII]

1

MAHARASHTRA ACT No. VIII OF 19781
(THE LEADERS OF OPPOSITION IN MAHARASHTRA LEGISLATURE SALARIES
AND ALLOWANCES ACT, 1978)
(This Act received the assent of the Governor on the 11th April 1978 ; assent
was first published in the Maharashtra Government Gazette ; Part IV, on the
13th April, 1978)

Amended by Mah. 30 of 1981 (1-4-1981).*

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An  Act  to  provide  for  salaries  and  allowances  of  Leaders  of

48 of 1981†
72 of 1981 (1-4-1981).*††
10 of 1982 (1-2-1982).*
3 of 1986 (1-8-1985).*@
24 of 1987 (1-8-1987).*
4 of 1989 (1-7-1988).*
6 of 1991(2-1-1991).* @@
5 of 1994 (1-7-1993).*
10 of 1997 (1-1-1997).*
32 of 1999 (1-5-1999).*
8 of 2001 (8-1-2001).*
25 of 2003 (1-1-2003).*
30 of 2005 (1-4-2005).*
18 of 2009 (1-7-2009).*
32 of 2010 (1-4-2010).*

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Opposition in Maharashtra State Legislature.

WHEREAS it is expedient to provide for determination of the salaries and
allowances  of  the  Leaders  of  the  Opposition  in  the  Maharashtra  State
Legislature and for certain other matters hereinafter appearing; It is hereby
enacted in the Twenty-ninth Year of the Republic of India as follows :—

1.

(1) This Act may be called the Leaders of Opposition in Maharashtra

Legislature Salaries and Allowances Act, 1978.

(2) It shall be deemed to have come into force on the 27th March 1978.

2.

In this Act, “Leader of the Opposition” in relation to either House of the
State Legislature, means that member of the State Legislative Assembly or

1 For  Statement  of  Objects  and  Reasons,  see  Maharashtra  Government  Gazette,  1978,

Part V, Extra p. 46.

* This  indicates  the  date  of  commencement  of  Act.
† Mah. 48 of 1981, except sections 5, 7 and 9 came into force on the 1st April 1981. Sections
5, 7 and 9 came into force on the date of publication of the Act in the Official Gazette, i.e. on the
18th  September  1981.

†† Mah.  72  of  1981,  except  sections  3  and  9  came  into  force  on  the  1st  April  1981,  the
sections 3 and 9 came into force on the date of publication of the Act in the Official Gazette, i.e.
29th  December  1981.

@ Mah. 3  of 1986, except sections  1 and 2  came into force  on the 1st August  1985, sections
1  and  2  came  into  force  on  the  date  of  publication  of  the  Act  in  the  Official  Gazette,  i.e.  28th
January  1986.

@@ Sections 2,  4 and  5 of  this Act  came into  force on  the 1st  day of  June 1990  and section

3  came  into  force  on  the  20th  May  1987.

H  1046----1a

Short  title
and
commence-
ment.

Definition.

2

Salary  of
Leaders  of
Opposition.

Sitting
allowance  to
Leaders  of
Opposition.

Residence
of  Leaders
o f
Opposition.

Sumptuary
allowance  to
Leaders  of
Opposition.
Conveyances
for  Leaders  of
Opposition.

 Leaders of Opposition in Maharashtra Legislature
Salaries and Allowances Act, 1978

[1978 : Mah. VIII

the State Legislative Council, as the case may be, who is for the time being the
Leader in that House of the party in opposition to the State Government having
the greatest numerical strength and recognised as such by the Speaker of the
Assembly or the Chairman of the Council, as the case may be.

Explanation.— Where there are two or more parties in opposition to the
State Government in the Assembly or in the Council, having the same numerical
strength, the Speaker of the Assembly or the Chairman of the Council, as the
case may be, shall, having regard to the status of the parties, recognise any
one  of  the  Leaders  of  such  parties  as  the  Leader  of  the  Opposition  for  the
purposes of this Act and such recognition shall be final and conclusive.

3. There  shall  be  paid  to  each  Leader  of  the  Opposition  a  salary  of

1[Rs. 10,000] per month.

2[3A. Each Leader of Opposition shall be entitled to a sitting allowance at
the rate of 3[Rs. 500] per day throughout his term of office as such Leader of
Opposition].

4.

(1) Each Leader of the Opposition shall, so long as he continues as such
Leader  and  for  a  period  of fifteen  days  immediately  thereafter,  be  entitled
without payment of rent, to the use of a furnished residence in Bombay, or in
lieu of such residence a house allowance at the rate of 4[Rs. 10,000] per month
and in addition a sum equal to the electricity charges and water charges, if
any, paid by him for his place of residence in Bombay (being a place other than
the place of residence provided under this Act by the State Government).

(2) No charge shall fall on the Leader of the Opposition personally in respect

of the maintenance of any residence provided under this section.

(3) The expenditure on furnishing the residence provided under this section
shall  be  on  such  scale  as  the  State  Government  may  by  rules  or  orders
determine.

5[(4) Where a house allowance and other sum are payable under sub-section
(1) to a Leader of the Opposition, then, save as otherwise provided by or under
this Act, the State Government shall not incur any expenditures, or the Leader
of the Opposition shall not be entitled to any payment for, additions, alterations,
maintenance, repairs or for doing anything whatsoever in respect of his place
of residence.]

6[4A. There shall be placed at the disposal of each Leader of Opposition, a

sumptuary allowance of three lakh rupees per annum.]

5.

(1) The State Government may from time to time for the use of each
Leader of the Opposition, purchase and provide a motor car and other suitable
conveyances upon such conditions as regards its maintenance and repairs as
may  be  determined  by  rules  or  orders  made  in  this  behalf.  The  State

1 These letters and figures were substituted for the letters and figures “ Rs. 5,000 ” by Mah.

32 of 2010,  s. 20.

2 Section 3A  was inserted  by Mah.  24 of  1987, s.  3.
3 These letters  and figures  were substituted  for the  letters and  figures “ Rs.  200 ” by  Mah.

32 of 2010,  s. 21.

4 These  letters  and  figures  were  substituted  for  the  words  and  figures  “ Rs.  2,500  ”  ibid.,

S.  22.

5 Sub-section  (4)  was  added  by  Mah.  4  of  1989,  s.  4(b).
6 Section  4A was  inserted by  Mah.  32 of  2010, s.  23.

3

Travelling
and daily
allowances
and
residential
accommoda-
tion at
places  other
than
headquarters.

Free  transit
by  railway
and
steamer.

1978 : Mah. VIII]

 Leaders of Opposition in Maharashtra Legislature
Salaries and Allowances Act, 1978

Government may also provide free of charge the services of a chauffeur for the
car or conveyance so provided.

(2) There shall be paid to each Leader of the Opposition a conveyance allowance

at 1[such rate per month as may be prescribed by rules made in that behalf.]

6. Subject  to  any  rules  or  orders  made  in  this  behalf  by  the  State

Government, each Leader of the Opposition shall be entitled to—

(a) travelling allowance for himself and the members of his family, and

for the transport of his and his family’s effects—

(i) in respect of the journey to Bombay from his usual place of residence

outside Bombay for assuming office ; and

(ii) in respect of the journey from Bombay to his usual place of residence

outside Bombay on relinquishing office ; and

(b) travelling and daily allowances in respect of tours undertaken by him
in the discharge of his duties as the Leader of the Opposition, and suitable
residential accommodation at places visited by him on such tours.

Explanation.— The expression “Bombay” includes any other place appointed

by the State Government for the purposes of this section.

2[7.

(1) Each  Leader  of  the  Opposition  shall,  3

*  be
provided with facilities, which shall entitle him at any time to travel singly by
4[ first class or, as the case may be, by air-conditioned two-tier] by any railway
in any part of India, or by steamer in any part of the State of Maharashtra, in
such manner,  and subject to  such conditions, as may  by rules or  orders be
prescribed in that behalf :

*

*

*

Provided that, such travel by railway, in any part of India, whether within
the State or outside the State, may be availed of by the Leader of the Opposition,
either singly or jointly with his spouse or with his minor children or jointly
with  his spouse  and  minor children  5[or  companion],  so,  however,  that  the
distance  so  travelled  by  him  outside  the  State,  and  by  the  members  of  his
family 5[or companion], whether within or outside the State, in any financial
year, does not in the aggregate exceed 6[fifty thousand kilometers].

Explanation.—For the purpose of calculating the maximum limit of 7[fifty
thousand kilometers] for travelling, the number of kilometres travelled by the
Leader  of  the  Opposition  outside  the  State,  and  the  number  of  kilometres
travelled by the members of his family 5[or companion] from the place of their
residence, whether within or outside the State, shall be counted separately.

1 These words were substituted for letters and figures “ the rate of at Rs. 1,000 per month ”

by Mah. 3 of 1986, s. 2.

2 Section 7  was substituted  by Mah. 72  of 1981,  s. 6.
3 The words, figures and letters “ with effect from the 1st day of April 1981, ” were deleted

by Mah.  6 of  1991, s.  3 (a)(i).

4 These  words  were  substituted  for  the  words  “ first  class ”  ibid,  s.  3(a)(ii).
5 These  words  were  inserted  by  Mah.  8  of  2001,  s.  7(a).
6 These words  were substituted  for the words  “ thirty thousand kilometres ”  by Mah.  10 of

2010, s.  24.

7 These  words  were  substituted  for  the  words  “ thirty  thousand  kilometres ”,  ibid.

4

 Leaders of Opposition in Maharashtra Legislature
Salaries and Allowances Act, 1978

[1978 : Mah. VIII

(2)(a) Notwithstanding anything contained in this Act, where a Leader of
the Opposition, either singly or jointly with his spouse or with his minor children
or jointly with his spouse and minor children 1[or companion], undertakes a
journey by air, in any part of India, whether within or outside the State, instead
of by railway as provided in this section, he shall be entitled, subject to the
maximum limit of 2[fifty thousand kilometres] for travelling, to claim travelling
allowance, as if he or both or all of them, as the case may be, had undertaken
the 3[journey by first class by railway]. In such cases, the difference between
the fare for journey by air and the fare for 3[journey by first class by railway]
will have to be borne by the Leader of the Opposition.

(b) Where  a  Leader  of  the  Opposition,  either  singly  or  jointly  with  the
members of his family 4[or companion] as aforesaid undertakes a journey by
steamer or road transport, in any part of India outside the State, he shall be
entitled,  subject  to  the  maximum  limit  of  5[fifty  thousand  kilometres]  for
travelling, to claim the fare for journey by steamer or road transport if it is less
than the fare for 6[journey by first class by railway] for the same distance or, if
the fare for journey by steamer or road transport is more than the fare for
6[journey by first class by railway] for the same distance, to claim the fare for
6[journey by first class by railway] for the same distance, and he shall have to
bear the difference between the two fares.

(3) In this section, where facilities are given to a Leader of the Opposition to
travel jointly with the spouse (with or without minor children 7[or companion]),
then in the case of a lady Leader of Opposition, she shall be entitled to have
these facilities to travel, from time to time, jointly with her spouse or, instead,
with  any  other  member  of  her  family  as  defined  in  the  Explanation  to
section 8.]

8. Subject to any rules or orders made by the State Government, a Leader
of the Opposition and the members of his family who are residing with and
dependant  on  him,  shall  be  entitled,  free  of  charge,  to  accommodation  in
hospitals maintained by the State Government and to medical attendance and
treatment.

Explanation.—For the purposes of this section, the expression “ a member
of the family ” means the husband, wife, son, daughter, father, mother, brother
or sister.

1 These  words  were  inserted  by  Mah.  8  of  2001,  s.  7  (b)(i).
2 These words were substituted for the words “ thirty thousand kilometres ”, by Mah. 10 of

2010, s.  24.

3 These  words  were  substituted  for  the  words  “ first  class ”  by  Mah.  6  of  1991,s.3  (b).
4 These  words  were  inserted  by  Mah.  8  of  2001,  s.  7  (b).
5 These  words  were  substiuted  for  the  words  “ thirty  thousand  kilometres ”  by  Mah.  10  of

2010, s.  24.

6 These  words  were  substituted  for  the  words  “ first  class ”  by  Mah.  6  of  1991,  s.  3  (b).
7 These  words  were  inserted  ibid.,  s.  7(c).

Medical
attendance.

1978 : Mah. VIII]

 Leaders of Opposition in Maharashtra Legislature
Salaries and Allowances Act, 1978

9.

(1) Each Leader of the Opposition shall during the term of his office be
entitled to have a telephone installed at Government cost at the place of residence
or at any place in his constituency selected by him, being a place other than
the place of residence provided under this Act, by the State Government.

5

Telephone
facilities.

(2) No charge shall fall on the Leader of the Opposition personally in respect
of installation of, initial deposit for, rental charges for maintenance of, and
official calls made from, the telephone installed under sub-section (1).

(3) There  shall  also  be  paid  to  each  Leader  of  the  Opposition  a  sum  of
1[Rs. 12,000] per month, from the month in which telephone facility has been
provided under this section.

2[(4) Where  a Leader  of  the Opposition  has a  telephone  installed at  any

place referred to in sub-section (1) at his own cost, then—

(a) the rental charges in respect of such telephone shall be borne by the
State Government ; and there shall be paid to him a sum of 3[Rs. 12,000] per
month in respect of such telephone ;

(b) the charges in respect of official calls made from such telephone shall
also  be  borne  by  the  State  Government  if  he  resides  at  such  place  as  a
residence and a separate telephone is not provided to him by or under the
provisions of this Act by the State Government].

10. There shall be placed at the disposal of each Leader of the Opposition

such staff as may be determined by rules or orders made in that behalf.

4[10A. Each Leader of the Opposition shall be entitled, free of charge, to
the services of a personal assistant. For this purpose, each Leader of Opposition
may appoint any person, possessing such qualifications as may be prescribed
by rules or orders made under section 13, as his personal assistant. Subject to
such rules or orders as may be made in this behalf, the assistant so appointed
shall receive a fixed salary of 5[Rs. 8,000] per month from the State Government.]

11. Notwithstanding anything contained in any law for the time being in
force, determining the salaries and allowances of the members of the State
Legislature  a Leader  of  the  Opposition shall  not  be  entitled to  receive  any
salary or allowances or other facilities under such law although he is member
of the Assembly or the Council, as the case may be.

1 These  letters  and  figures  were  substituted  for  the  letters  and  figures  “ Rs.  8,000 ”  by

Mah.  10  of 2010,  s.  25(a).

2 Sub-section  (4)  was  substituted  by  Mah.  4  of  1989,  s.  11.
3 These  letters  and  figures  were  substituted  for  the  letters  and  figures  “ Rs.  8,000 ”  by

Mah.  10  of  2010,  s.  25(b).

4 Section  10A was  inserted by  Mah.  48 of  1981, s.  9.
5 These  letters  and  figures  were  deemed  to  have  been  substituted  with  effect  from

1-4-2005  for  the  letters  and  figures  “ Rs. 7,000 ”  by  Mah.  18  of  2009,  s.  19.

Secretarial
facilities.

Facility of a
personal
assistant.

Leaders  of
Opposition
not  to  draw
salary  and
allowances,
etc.  as
members  of
State
Legislature.

6

 Leaders of Opposition in Maharashtra Legislature
Salaries and Allowances Act, 1978

[1978 : Mah. VIII

Leaders  of
Opposition
not
disqualified  .

12. For the avoidence of doubt, it is hereby declared that a person shall not
be  disqualified  for  being  chosen  as,  or  for  being,  a  member  of  the  State
Legislative Assembly or the State Legislative Council merely by reason of the
fact that he holds the office of a Leader of the Opposition.

Powers  of
State
Government
to  make
rules  and
orders.

13.

(1) Without prejudice to any power to make rules or orders contained
elsewhere in this Act, the State Government may make any rules or orders for
carrying out the purposes of this Act.

(2) Any rule or order under this Act may be made so as to be retrospective

to any date not earlier than the date of commencement of this Act.

(3) All rules or orders made under this Act shall have effect as if enacted in

the Act.

14.

[Amendment of  Bom. XLIX of 1956] Amendments have been incorporated

in the principal Act.

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(iv)

Maharashtra  Debt Relief  Act,  1975

[1976  :  Mah.  III

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